Alibi is a Latin word that means elsewhere. It is basically referred to a plea of absence of an accused from the place of occurrence of an offence at the time of its commission is called the plea of Alibi. It is generally used when the accused takes the plea that when the occurrence of an act took place and he was elsewhere. If the plea of Alibi is raised by the accused, the burden to prove it lies on him, which he could do by leading evidence in trial.
‘A’ was accused of assaulting his daughter. The injured were admitted to the hospital at 7.00 p.m. The accused took the plea of Alibi, as he claimed to have visited his friend’s house at the time of assault. Hence, the burden of proof lies on him.
No injury is done to a willing person.
The legal maxim is of latin origin meaning those who voluntarily agree to danger cannot ask remedy for the same. In literal meaning the maxim means that when a person agrees to danger then he cannot file a complaint for any damages suffered by him during the process. Here, it is necessary the consent was taken freely and voluntarily by the person and was not obtained by illegal means, and that the person was aware of what he might be subjecting himself to.
Statement of falsehood
The legal maxim is of latin origin meaning a statement of falsehood or, in simpler words, a false statement. Suggestio falsi is feeding someone lies intentionally to benefit out of it and put the other person in loss. This act amounts to a fraud when the party was bound to disclose the truth in the first place to keep the fairness of the contract. Suggestio falsi is a ground to rescind an agreement or to avoid carrying it to execution.
Less importance or Insignificant.
The legal maxim is of Latin origin and derived from the Latin word “de minimis” which means less importance or insignificant. The legal maxim denotes that “ law does not concern itself with trifles”. This legal principle states that judges will not sit in a case of minor offences of law, where the effect is very minor even though it is an illegal act. The principle is followed in the Section 95 of Indian Penal Code,1860. The section states that “Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain such harm”.